Federal Court of Justice on the right of cancellation of consumer contracts for the delivery and installation of a curved stairlift
Judgment of 20 October 2021 – I ZR 96/20 – Curved stairlift
Among other things, Competition law the First Civil Senate of the Federal Court of Justice, which is responsible for this area, has ruled that consumers must be informed of their right of cancellation if they conclude an off-premises contract for the delivery and installation of a curved stairlift for which a suitable running rail must be manufactured and fitted into the customer’s staircase.
Facts:
The plaintiff is a consumer advice centre. The defendant sells curved stairlifts. These are stairlifts with rails that are customised to the curves of the staircase. The defendant informs consumers with regard to curved stairlifts that – except for a specific model – there is no legal right of cancellation. The plaintiff is of the opinion that a right of cancellation exists and considers the defendant’s behaviour to be an infringement of competition law. It is therefore claiming the defendant for its injunction.
Process so far:
The Regional Court dismissed the action. The Higher Regional Court dismissed the plaintiff’s appeal. It assumed that the plaintiff was not entitled to injunctive relief pursuant to Section 8 (1), Section 3 (1), Section 3a of the Unfair Competition Law in conjunction with Section 312d par. 1 phrase 1, Section 312g par. 1 of the German Civil Code and Article 246a Section 1 par. 2 phrase 1 no. 1 of the Introductory Act to the German Civil Code due to the fact that the consumer had no right of cancellation in this case.
Decision of the Federal Court of Justice:
On the plaintiff’s appeal, the Federal Court of Justice overturned the judgement of the Higher Regional Court and ordered the defendant to cease and desist in accordance with the claim. ……
Click here for the complete press release of the Federal Court of Justice.
Source: Press Office of the Federal Court of Justice, press release no. 191/2021 of 20 October 2021
